Charlie Sheen to disclose he is HIV Positive on Today Show

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Originally Posted by giovanni_hotel

Bree Olson is full of shit.

She doesn't even have HIV so what the fuck are her damages???
Good luck for any escort who tries to sue Charlie Sheen for contracting HIV.lol

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The burden of proof in civil trial is only preponderance. If it's clear they had unprotected sex and he doesn't perjure himself in a deposition when asked about it, then it probably is more than a 50% likelihood he is the cause. This is especially the case if the defense doesn't have any specific information about her other clients. The escort could claim without easy contradiction that she only had unprotected sex with him and not other johns because he paid her so well. Not as easy to evade a low burden of proof with doubt.

If one of his partners comes forward with hiv and sues him, I doubt an attorney would even allow him to be deposed. I could be wrong....it depends on someone having contracted hiv around the time they had sex with him to see if this is even tested. My guess is that if one of his partners has hiv and can trace it to around the time of their intercourse, he settles. A deposition would be one giant temptation for him to commit fifty counts of perjury.

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Originally Posted by giovanni_hotel

Bree Olson is full of shit.

She doesn't even have HIV so what the fuck are her damages???

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Negligent Infliction of Emotion Distress could be a starting point

https://www.justia.com/trials-litiga...1600/1620.html

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Originally Posted by broncofan

The burden of proof in civil trial is only preponderance. If it's clear they had unprotected sex and he doesn't perjure himself in a deposition when asked about it, then it probably is more than a 50% likelihood he is the cause.
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And I know the odds of transmission per each act are not anywhere near that high, but this is what you might know in such a trial. You would know the plaintiff has hiv, you would know she had the bodily fluids of someone else who is infected in her prior to testing positive, and you would probably not have a ton of men coming forward advertising that they were hiv positive and also had sex with her. Where would the defense find such people? Given that and the potential for a long and invasive pre-trial, I think he'd settle.

It remains to be seen how many such people come forward.

Seems like a good lawyer could very easily argue if an escort willingly had sex with Charlie Sheen unprotected, it stands to reason she did the same with others.

It can go both ways. Charlie Sheen is a target because of his bank account, not his HIV status.

Only SHeen's live in lovers and girfriends have potential cases against him, not women who support themselves financially by fucking random men for a living.

Any woman admitting she works as an escort really can't prove Sheen gave her anything.
And in fact Sheen could counter claim it was the escort who gave him HIV.

Only one question needs to be asked; did the escort check all her clients HIV status before having sex and if the answer is no, her case IMO is trashed.

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Originally Posted by broncofan

The burden of proof in civil trial is only preponderance. If it's clear they had unprotected sex and he doesn't perjure himself in a deposition when asked about it, then it probably is more than a 50% likelihood he is the cause. This is especially the case if the defense doesn't have any specific information about her other clients. The escort could claim without easy contradiction that she only had unprotected sex with him and not other johns because he paid her so well. Not as easy to evade a low burden of proof with doubt.

If one of his partners comes forward with hiv and sues him, I doubt an attorney would even allow him to be deposed. I could be wrong....it depends on someone having contracted hiv around the time they had sex with him to see if this is even tested. My guess is that if one of his partners has hiv and can trace it to around the time of their intercourse, he settles. A deposition would be one giant temptation for him to commit fifty counts of perjury.

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I know what you are saying and lets hope its not the clear and convincing standard for proof. Still it is not something easily proven. It can't be mere speculation, because he has it and she has it. You really got to show that you were not at risk from other sources. It the causation step that is hard. Even under an action for negligence you still have problems. If your actions brings doubt like you barebacked with other clients well good luck. Statements without corroboration doesn't do well in court. You have to remember you are convincing a trier-of-fact and if they have doubts he walks. You think his deposition will be bad, lol the plaintiffs will have a nightmare on their depositions. There are few more things, but I would to take the whole night discussing it. If his legal team is on point, the plaintiffs are really going to have a hard time.

Is there anything plaintiffs can do, yes if there are certain things present. I have a few legal theories and approaches that might work. Still I would need more info. At the end of the day it will be interesting.

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Originally Posted by giovanni_hotel

It can go both ways. Charlie Sheen is a target because of his bank account, not his HIV status.

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No one is arguing that. That is true of most civil defendants. It's not very often you see lawyers go after people with no money.

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Originally Posted by giovanni_hotel

Unless it's in his formal medical records(can those be subpoenaed by a DA??), he has the assumption of innocence, legally.

The rest is hearsay..

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If he told someone he is hiv positive it's admissible unless subject to a privilege. It would be the statement of a party opponent which is an exception to the hearsay rule. I think he's already stated publicly that he's known for four years of his status.

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Originally Posted by giovanni_hotel

Bree Olson is full of shit.

She doesn't even have HIV so what the fuck are her damages???
Good luck for any escort who tries to sue Charlie Sheen for contracting HIV.lol

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Is Bree Olsen saying she hasn't had an HIV test in all the years since she left Charlie Sheen? That the test she took on the Howard Stern Show was her first one? Seriously? BS.

He was awesome in Spin City and just a power house in 2 and a half men...but in Anger Management he was himself and that was awesome!

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Originally Posted by Stavros

a) It was not a comprehensive list, b) yes Eddie Murphy (I think he was into Summer St Cerly), and c) I have never heard of Gavin Rossdale...guess I will have to google him. All of this being more interesting than Charlie Sheen, who to me is a minor figure with little talent if Half a Man or whatever it is, is anything to go by.

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you have never heard of Gwen Stefani or the band Bush? seriously? thats pretty shocking.